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UNDERWATER DEVICES INC. v. MORRISON-KNUDSEN CO.

Nos. 83-633, 83-634.

717 F.2d 1380 (1983)

UNDERWATER DEVICES INCORPORATED, Appellee, v. MORRISON-KNUDSEN COMPANY, INC., Appellant. MORRISON-KNUDSEN COMPANY, INC., Appellant, v. Lester A. HAUG, Don W. Schmid and Herman Gunther, Appellees.

United States Court of Appeals, Federal Circuit.

September 23, 1983.

Attorney(s) appearing for the Case

John E. Kidd, New York City, for appellant. With him on brief were Joseph J.C. Ranalli and Stephen J. Harbulak, New York City; Kenneth R. Kupchak, Honolulu, Hawaii, of counsel.

Robert E. Lyon, Los Angeles, Cal., for appellee. With him on brief was Richard E. Lyon, Jr., Los Angeles, Cal.; Richard L. Griffith and Larry T. Takumi, Honolulu, Hawaii, of counsel.

Before FRIEDMAN, RICH and KASHIWA, Circuit Judges.

KASHIWA, Circuit Judge.

This is a consolidated appeal from judgments of the United States District Court for the District of Hawaii (Civil Nos. 74-296 and 79-0120), entered November 30, 1982. In a published opinion, Underwater Devices Inc. v. Morrison-Knudsen Co., 217 USPQ 1039, the district court held that the appellant, Morrison-Knudsen Co. ("M-K"), had infringed claim 1 of appellees' U.S. Patent No. 3,204,417 (the "'417 patent")1

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